Divorce plea transfer: SC sets aside Andhra Pradesh HC order
The Supreme Court has said that financial independence of wife cannot be a ground to frustrate her plea for shifting the divorce proceedings initiated by the husband.
A bench headed by Justice Gyan Sudha Misra made the observation while setting aside as "illegal" and "devoid of wisdom" an Andhra Pradesh High Courtorder refusing to transfer the divorce petition closer to her home on her plea. The woman had sought the transfer of the case filed by her husband from Hyderabad to a family court in Kakinada in East Godavari district.
The High Court had rejected the woman's plea, saying, "She is employed in a private sector firm as a company secretary and, therefore, it was not a case of a destitute woman depending on the charity of her parents and taking shelter in her parental house so as to allow the transfer of the divorce proceeding."